82 FR 10878 - Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China and From Taiwan: Preliminary Results of Changed Circumstances Reviews, and Intent To Revoke Antidumping Duty Orders and Countervailing Duty Order in Part

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 31 (February 16, 2017)

On April 20, 2016, the Department of Commerce (the ``Department'') received a request for revocation, in part, of the antidumping duty (``AD'') and countervailing duty (``CVD'') orders on certain crystalline silicon photovoltaic products from the People's Republic of China (``PRC'') and the AD order on certain crystalline silicon photovoltaic products from Taiwan (collectively ``Orders'') with respect to certain solar panels. We preliminarily determine that the producers accounting for substantially all of the production of the domestic like product to which the Orders pertain lack interest in the relief provided by the Orders with respect to certain solar panels that are incorporated in the battery charging and maintaining units described below. Accordingly, we intend to revoke, in part, the Orders as to imports of certain solar panels that are incorporated in the battery charging and maintaining units, as described below. The Department invites interested parties to comment on these preliminary results.

[Federal Register Volume 82, Number 31 (Thursday, February 16, 2017)]
[Notices]
[Pages 10878-10880]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03142]



[[Page 10878]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-010, C-570-011, A-583-853]


Certain Crystalline Silicon Photovoltaic Products From the 
People's Republic of China and From Taiwan: Preliminary Results of 
Changed Circumstances Reviews, and Intent To Revoke Antidumping Duty 
Orders and Countervailing Duty Order in Part

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On April 20, 2016, the Department of Commerce (the 
``Department'') received a request for revocation, in part, of the 
antidumping duty (``AD'') and countervailing duty (``CVD'') orders on 
certain crystalline silicon photovoltaic products from the People's 
Republic of China (``PRC'') and the AD order on certain crystalline 
silicon photovoltaic products from Taiwan (collectively ``Orders'') 
with respect to certain solar panels. We preliminarily determine that 
the producers accounting for substantially all of the production of the 
domestic like product to which the Orders pertain lack interest in the 
relief provided by the Orders with respect to certain solar panels that 
are incorporated in the battery charging and maintaining units 
described below. Accordingly, we intend to revoke, in part, the Orders 
as to imports of certain solar panels that are incorporated in the 
battery charging and maintaining units, as described below. The 
Department invites interested parties to comment on these preliminary 
results.

DATES: Effective February 16, 2017.

FOR FURTHER INFORMATION CONTACT:  Magd Zalok or Howard Smith, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-4162 or (202) 482-5193, 
respectively.

Background

    On February 18, 2015, the Department published an AD order on 
crystalline silicon photovoltaic products from Taiwan, and AD and CVD 
orders on crystalline silicon photovoltaic products from the PRC in the 
Federal Register.\1\ On April 20, 2016, the Department received a 
request on behalf of PulseTech Products Corporation (``PulseTech'') for 
changed circumstances reviews to revoke, in part, the Orders with 
respect to certain stand-alone solar panels and certain solar panels 
incorporated in a specific type of battery charging and maintaining 
unit.\2\ In subsequent submissions filed between May 12, 2016, and 
September 2, 2016, PulseTech modified the description of the exclusion 
request for solar panels incorporated in battery charging and 
maintaining units. On September 6, 2016, SolarWorld Americas, Inc. 
(``Petitioner'') stated that it agrees with the scope exclusion 
language proposed by PulseTech.\3\ Ultimately, Pulsetech withdrew its 
request for changed circumstances reviews with respect to the stand-
alone solar panels not incorporated in battery charging and maintaining 
units.\4\
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    \1\ See Certain Crystalline Silicon Photovoltaic Products from 
the People's Republic of China: Antidumping Duty Order; and Amended 
Final Affirmative Countervailing Duty Determination and 
Countervailing Duty Order, 80 FR 8592 (Feb. 18, 2015); see also 
Certain Crystalline Silicon Photovoltaic Products From Taiwan: 
Antidumping Duty Order, 80 FR 8596 (Feb. 18, 2015).
    \2\ See April 20, 2016 letter from PulseTech Products 
Corporation Re: Resubmission of Requests for Changed Circumstances 
Review--Certain Crystalline Silicon Photovoltaic Products from the 
People's Republic of China and from Taiwan (``PulseTech's 
Request'').
    \3\ See September 6, 2016 letter from Petitioner Re: Certain 
Crystalline Silicon Photovoltaic Products from the People's Republic 
of China and Taiwan: Changed Circumstances Review Request--Letter of 
No Opposition.
    \4\ See PulseTech's October 28, 2016 submission.
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    On November 2, 2016, the Department published the notice of 
initiation of the requested changed circumstances reviews.\5\ Because 
the statement submitted by Petitioner in support of PulseTech's Request 
did not indicate whether Petitioner accounts for substantially all of 
the domestic production of crystalline silicon photovoltaic products, 
in the Initiation Notice, we invited interested parties to submit 
comments concerning industry support for the potential revocation, in 
part, as well as comments and/or factual information regarding the 
changed circumstances reviews. No comments or factual information were 
submitted by any party.
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    \5\ See Certain Crystalline Silicon Photovoltaic Products from 
the People's Republic of China and from Taiwan: Notice of Initiation 
of Changed Circumstances Reviews, and Consideration of Revocation of 
the Antidumping and Countervailing Duty Orders in Part, 81 FR 78967 
(Nov. 10, 2016) (``Initiation Notice'').
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Scope of the AD and CVD Orders on Certain Crystalline Silicon 
Photovoltaic Products From the PRC

    The merchandise covered by these orders are modules, laminates and/
or panels consisting of crystalline silicon photovoltaic cells, whether 
or not partially or fully assembled into other products, including 
building integrated materials. For purposes of these orders, subject 
merchandise includes modules, laminates and/or panels assembled in the 
PRC consisting of crystalline silicon photovoltaic cells produced in a 
customs territory other than the PRC.
    Subject merchandise includes modules, laminates and/or panels 
assembled in the PRC consisting of crystalline silicon photovoltaic 
cells of thickness equal to or greater than 20 micrometers, having a p/
n junction formed by any means, whether or not the cell has undergone 
other processing, including, but not limited to, cleaning, etching, 
coating, and/or addition of materials (including, but not limited to, 
metallization and conductor patterns) to collect and forward the 
electricity that is generated by the cell.
    Excluded from the scope of these orders are thin film photovoltaic 
products produced from amorphous silicon (a-Si), cadmium telluride 
(CdTe), or copper indium gallium selenide (CIGS). Also excluded from 
the scope of these orders are modules, laminates and/or panels 
assembled in the PRC, consisting of crystalline silicon photovoltaic 
cells, not exceeding 10,000 mm\2\ in surface area, that are permanently 
integrated into a consumer good whose function is other than power 
generation and that consumes the electricity generated by the 
integrated crystalline silicon photovoltaic cells. Where more than one 
module, laminate and/or panel is permanently integrated into a consumer 
good, the surface area for purposes of this exclusion shall be the 
total combined surface area of all modules, laminates and/or panels 
that are integrated into the consumer good. Further, also excluded from 
the scope of these orders are any products covered by the existing 
antidumping and countervailing duty orders on crystalline silicon 
photovoltaic cells, whether or not assembled into modules, laminates 
and/or panels, from the PRC.\6\
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    \6\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled into Modules, from the People's Republic of China: Amended 
Final Determination of Sales at Less Than Fair Value, and 
Antidumping Duty Order, 77 FR 73018 (Dec. 7, 2012); Crystalline 
Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, 
from the People's Republic of China: Countervailing Duty Order, 77 
FR 73017 (Dec. 7, 2012).
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    Merchandise covered by these orders is currently classified in the 
Harmonized Tariff Schedule of the United States (``HTSUS'') under 
subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060, 
8507.20.8090, 8541.40.6020, 8541.40.6030, and

[[Page 10879]]

8501.31.8000. These HTSUS subheadings are provided for convenience and 
customs purposes; the written description of the scope of this order is 
dispositive.

Scope of the AD Order on Certain Crystalline Silicon Photovoltaic 
Products From Taiwan

    The merchandise covered by this order is crystalline silicon 
photovoltaic cells, and modules, laminates and/or panels consisting of 
crystalline silicon photovoltaic cells, whether or not partially or 
fully assembled into other products, including building integrated 
materials.
    Subject merchandise includes crystalline silicon photovoltaic cells 
of thickness equal to or greater than 20 micrometers, having a p/n 
junction formed by any means, whether or not the cell has undergone 
other processing, including but not limited to, cleaning, etching, 
coating, and/or addition of materials (including, but not limited to, 
metallization and conductor patterns) to collect and forward the 
electricity that is generated by the cell.
    Modules, laminates, and panels produced in a third-country from 
cells produced in Taiwan are covered by this order. However, modules, 
laminates, and panels produced in Taiwan from cells produced in third-
country are not covered by this order.
    Excluded from the scope of this order are thin film photovoltaic 
products produced from amorphous silicon (a-Si), cadmium telluride 
(CdTe), or copper indium gallium selenide (CIGS). Also excluded from 
the scope of this order are crystalline silicon photovoltaic cells, not 
exceeding 10,000 mm\2\ in surface area, that are permanently integrated 
into a consumer good whose function is other than power generation and 
that consumes the electricity generated by the integrated crystalline 
silicon photovoltaic cells. Where more than one cell is permanently 
integrated into a consumer good, the surface area for purposes of this 
exclusion shall be the total combined surface area of all cells that 
are integrated into the consumer good.
    Further, also excluded from the scope of this order are any 
products covered by the existing antidumping and countervailing duty 
orders on crystalline silicon photovoltaic cells, whether or not 
assembled into modules, from the PRC.\7\ Also excluded from the scope 
of this order are modules, laminates, and panels produced in the PRC 
from crystalline silicon photovoltaic cells produced in Taiwan that are 
covered by an existing proceeding on such modules, laminates, and 
panels from the PRC.
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    \7\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled into Modules, from the People's Republic of China: Amended 
Final Determination of Sales at Less Than Fair Value, and 
Antidumping Duty Order, 77 FR 73018 (Dec. 7, 2012); Crystalline 
Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, 
from the People's Republic of China: Countervailing Duty Order, 77 
FR 73017 (Dec. 7, 2012).
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    Merchandise covered by this order are currently classified in the 
HTSUS under subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040, 
8507.20.8060, 8507.20.8090, 8541.40.6020, 8541.40.6030, and 
8501.31.8000. These HTSUS subheadings are provided for convenience and 
customs purposes; the written description of the scope of this order is 
dispositive.

Scope of Changed Circumstances Reviews

    PulseTech requests that the Department revoke the Orders, in part, 
to exclude certain solar panels incorporated in battery charging and 
maintaining units, as described below. The solar panels subject to 
PulseTech's request are:

    (1) Less than 300,000 mm\2\ in surface area; (2) less than 27.1 
watts in power; (3) coated across their entire surface with a 
polyurethane doming resin; and (4) joined to a battery charging and 
maintaining unit (which is an acrylonitrile butadiene styrene 
(``ABS'') box that incorporates a light emitting diode (``LED'')) by 
coated wires that include a connector to permit the incorporation of 
an extension cable. The battery charging and maintaining unit 
utilizes high-frequency triangular pulse waveforms designed to 
maintain and extend the life of batteries through the reduction of 
lead sulfate crystals. The above-described battery charging and 
maintaining unit is currently available under the registered 
trademark ``SolarPulse.''

Preliminary Results of Changed Circumstances Reviews, and Intent To 
Revoke the Orders, in Part

    Pursuant to section 751(d)(1) of the Tariff Act of 1930, as amended 
(the ``Act''), and 19 CFR 351.222(g), the Department may revoke an AD 
or CVD order, in whole or in part, based on a review under section 
751(b) of the Act (i.e., a changed circumstances review). Section 
751(b)(1) of the Act requires a changed circumstances review to be 
conducted upon receipt of a request which shows changed circumstances 
sufficient to warrant a review. Section 782(h)(2) of the Act gives the 
Department the authority to revoke an order if producers accounting for 
substantially all of the production of the domestic like product have 
expressed a lack of interest in the order. Section 351.222(g) of the 
Department's regulations provides that the Department will conduct a 
changed circumstances review under 19 CFR 351.216, and may revoke an 
order (in whole or in part), if it concludes that: (i) Producers 
accounting for substantially all of the production of the domestic like 
product to which the order pertains have expressed a lack of interest 
in the relief provided by the order, in whole or in part; or (ii) if 
other changed circumstances sufficient to warrant revocation exist. 
Both the Act and the Department's regulations require that 
``substantially all'' domestic producers express a lack of interest in 
the order for the Department to revoke the order, in whole or in 
part.\8\ The Department has interpreted ``substantially all'' to 
represent producers accounting for at least 85 percent of U.S. 
production of the domestic like product.\9\
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    \8\ See section 782(h) of the Act and 19 CFR 351.222(g).
    \9\ See Honey from Argentina; Antidumping and Countervailing 
Duty Changed Circumstances Reviews; Preliminary Intent to Revoke 
Antidumping and Countervailing Duty Orders, 77 FR 67790, 67791 
(November 14, 2012), unchanged in Honey From Argentina; Final 
Results of Antidumping and Countervailing Duty Changed Circumstances 
Reviews; Revocation of Antidumping and Countervailing Duty Orders, 
77 FR 77029 (December 31, 2012).
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    The Department's regulations do not specify a deadline for the 
issuance of the preliminary results of a changed circumstances review, 
but provide that the Department will issue the final results of review 
within 270 days after the date on which the changed circumstances 
review is initiated.\10\ The Department did not issue a combined notice 
of initiation and preliminary results. As discussed above, the 
statement provided by Petitioner and offered in support of PulseTech's 
Request did not indicate whether Petitioner accounts for substantially 
all domestic production of certain crystalline silicon photovoltaic 
products.\11\ Thus, the Department did not determine in the Initiation 
Notice that producers accounting for substantially all of the 
production of the domestic like product lacked interest in the 
continued application of the Orders as to the certain solar panels 
under consideration here. Further, the Department requested interested 
party comments on the issue of domestic industry support of a potential 
partial revocation of the Orders.\12\ The

[[Page 10880]]

Department received no comments concerning a lack of industry support 
with respect to these changed circumstances reviews.
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    \10\ 19 CFR 351.216(e).
    \11\ See Initiation Notice.
    \12\ Id.
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    As noted in the Initiation Notice, PulseTech requested revocation 
of the Orders, in part, and supported its request. In light of 
PulseTech's Request, Petitioner's agreement with the scope exclusion 
language proposed by PulseTech, and in the absence of any interested 
party comments received during the comment period, we preliminarily 
conclude that changed circumstances warrant revocation of the Orders, 
in part, because the producers accounting for substantially all of the 
production of the domestic like product to which the Orders pertain 
lack interest in the relief provided by the Orders with respect to 
certain solar panels incorporated in battery charging and maintaining 
units, as described above. We will consider comments from interested 
parties on these preliminary results of reviews before issuing the 
final results of these reviews.\13\
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    \13\ See, e.g., Honey from Argentina; Antidumping and 
Countervailing Duty Changed Circumstances Reviews; Preliminary 
Intent to Revoke Antidumping and Countervailing Duty Orders, 77 FR 
67790, 67791 (November 14, 2012); Aluminum Extrusions from the 
People's Republic of China: Preliminary Results of Changed 
Circumstances Reviews, and Intent to Revoke Antidumping and 
Countervailing Duty Orders in Part, 78 FR 66895 (November 7, 2013); 
see also 19 CFR 351.222(g)(1)(v).
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    Accordingly, we are notifying the public of our intent to revoke 
the Orders, in part. We intend to carry out this revocation by 
including the following exclusion language in the scope of each of the 
Orders:

    Additionally, excluded from the scope of the order are solar 
panels that are: (1) Less than 300,000 mm\2\ in surface area; (2) 
less than 27.1 watts in power; (3) coated across their entire 
surface with a polyurethane doming resin; and (4) joined to a 
battery charging and maintaining unit (which is an acrylonitrile 
butadiene styrene (``ABS'') box that incorporates a light emitting 
diode (``LED'')) by coated wires that include a connector to permit 
the incorporation of an extension cable. The battery charging and 
maintaining unit utilizes high-frequency triangular pulse waveforms 
designed to maintain and extend the life of batteries through the 
reduction of lead sulfate crystals. The above-described battery 
charging and maintaining unit is currently available under the 
registered trademark ``SolarPulse.''

    If we make a final determination to revoke the Orders in part, then 
the Department will apply this determination to each order as follows. 
If, at the time of the final determinations, there have been no 
completed administrative reviews of an order, then the partial 
revocation will be applied to unliquidated entries of merchandise 
subject to the changed circumstances review that were entered or 
withdrawn from warehouse, for consumption, on or after the date that 
corresponds to the date suspension of liquidation first began in the 
relevant proceeding.\14\ If, at the time of the final determinations, 
there have been completed administrative reviews of an order, then the 
partial revocation will be retroactively applied to unliquidated 
entries of merchandise subject to the changed circumstances reviews 
that were entered or withdrawn from warehouse, for consumption, on or 
after the day following the last day of the period covered by the most 
recently completed administrative review of the applicable order. 
Specifically, under this scenario, the partial revocation for 
merchandise subject to the AD orders would be applied retroactively to 
unliquidated entries of merchandise entered or withdrawn from 
warehouse, for consumption, on or after February 1, 2016, and the 
partial revocation for merchandise subject to the CVD order would be 
applied retroactively to unliquidated entries of merchandise entered or 
withdrawn from warehouse, for consumption, on or after January 1, 2016, 
as applicable.
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    \14\ Suspension of liquidation first began for merchandise 
subject to the CVD order on June 10, 2014; suspension of liquidation 
first began for merchandise subject to the AD orders on July 31, 
2014.
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Public Comment

    Interested parties are invited to comment on these preliminary 
results of reviews in accordance with 19 CFR 351.309(c)(1)(ii). Case 
briefs may be submitted no later than 14 days after the date of 
publication of these preliminary results.\15\ Rebuttals to case briefs, 
limited to issues raised in the case briefs, may be filed no later than 
seven days after the due date for case briefs.\16\ All submissions must 
be filed electronically using Enforcement and Compliance's AD and CVD 
Centralized Electronic Service System (``ACCESS''). ACCESS is available 
to registered users at http://access.trade.gov and in the Central 
Records Unit, room B8024 of the main Department of Commerce building. 
An electronically filed document must be received successfully in its 
entirety by ACCESS, by 5 p.m. Eastern Time on the day it is due.
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    \15\ The Department is altering the deadline for the submission 
of case briefs, as authorized by 19 CFR 351.309(c)(1)(ii).
    \16\ The Department is altering the deadline for the submission 
of rebuttal briefs, as authorized by 19 CFR 351.309(d)(1).
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    Any interested party may request a hearing within 14 days of 
publication of this notice.\17\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations at the hearing will be limited to 
issues raised in the briefs. If a request for a hearing is made, 
parties will be notified of the time and date for the hearing to be 
held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230 in a room to be determined.\18\
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    \17\ The Department is exercising its discretion under 19 CFR 
351.310(c) to alter the time limit for requesting a hearing.
    \18\ See 19 CFR 351.310(d).
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    The Department intends to issue the final results of these changed 
circumstances reviews, which will include its analysis of any written 
comments received, no later than 270 days after the date on which these 
reviews were initiated.
    If, in the final results of these reviews, the Department continues 
to determine that changed circumstances warrant the revocation of the 
Orders, in part, we will instruct U.S. Customs and Border Protection to 
liquidate without regard to AD or CVD duties, and to refund any 
estimated AD or CVD duties, on all unliquidated entries of the 
merchandise covered by the revocation that are not covered by the final 
results of an administrative review or automatic liquidation.
    The current requirement for cash deposits of estimated AD and CVD 
duties on all entries of subject merchandise will continue unless they 
are modified pursuant to the final results of these changed 
circumstances reviews.
    These preliminary results of reviews and notice are in accordance 
with sections 751(b) and 777(i) of the Act and 19 CFR 351.221 and 19 
CFR 351.222.

    Dated: February 9, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-03142 Filed 2-15-17; 8:45 am]
 BILLING CODE 3510-DS-P